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Proposal Aims to Give Special Amnesty to Four Types of Prisoners

| Aug 25, 2015 07:06 AM EDT

Certain prisoners in China will be set free if a proposed draft is passed.

A draft decision submitted to China's top legislature on Monday is proposing to grant special amnesty to four types of prisoners.

Under the proposed provisions, the four categories of inmates will be set free provided they were sentenced before Jan. 1 and have been deemed to not pose a danger to society.

Li Shishi, director of the Legal Affairs Committee under the Standing Committee of the National People's Congress, was the one to announce the proposal.

The first category mentioned in the draft is prisoners who took part in the War of Resistance Against Japanese Aggression (1937-45) and the Chinese War of Liberation (1946-49) before committing their crimes. These prisoners will be granted special pardon.

The second category is prisoners who helped fight foreign invaders and protect national sovereignty, security and territorial integrity after the founding of the People's Republic of China in 1949. This includes those who fought in the War to Resist U.S. Aggression and Aid Korea (1950-53).

However, this second category excludes inmates found guilty of serious crimes like bribery, corruption and terrorism. It also excludes repeat offenders and those determined to be principal criminals involved in gang-related offenses.

The third category is prisoners who are older than 75 who have serious physical disabilities and cannot live on their own.

The last category is prisoners who committed crimes when they were under 18 and received at most three years in prison as a sentence. Minors whose prison term is less than a year would also be granted amnesty under the proposal.

However, the last category excludes those who were convicted of serious crimes, like rape and homicide.

Special amnesties have only been granted seven times since 1949, with the last one happening in 1975.

The Standing Committee will have their final decision regarding the proposal on Saturday. If approved, it is up to intermediate people's courts and high people's courts to decide which prisoners qualify for amnesty.

Analysts say that the first two categories show China's commitment to world peace and national security, while the other two categories show that China is attempting to become a more humane society that values rights. They also point to the exceptions as indications that China is still adamant about protecting society and fighting corruption.

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